Hurricane Sandy. The Force Majeure Awakens
This article provides a look at the roots of the force majeure doctrine, leading up to the recent Second Circuit decision 'JN Contemporary Art v. Phillips Auctioneers', where the court "remains steadfast to the basic maxim that a force majeure clause is only as efficacious as its exact text."
May 16, 2022 at 10:00 AM
9 minute read
Force majeure, oft times colloquially expressed as an "act of God," is a comparatively straightforward principle of contract law. Clauses bearing the same moniker lawfully excuse a party from its contractual obligations when an uncontrollable event intervenes, typically a natural disaster, war or political upheaval. Nevertheless, which calamities trigger the protective umbrella of any given force majeure proviso is a matter strictly determined by the paragraph's plain text.
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